BILL NUMBER: SB 746	CHAPTERED  10/10/99

	CHAPTER   995
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN SENATE   MAY 11, 1999
	AMENDED IN SENATE   APRIL 26, 1999

INTRODUCED BY   Senators Schiff, Costa, and Rainey

                        FEBRUARY 24, 1999

   An act to amend Section 6600 of, and to add Section 727.2 to, the
Welfare and Institutions Code, relating to sexual predators.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 746, Schiff.  Sexually violent predators.
   Existing law sets forth procedures under which a person under the
jurisdiction of the Department of Corrections may be referred for
evaluation at least 6 months prior to the person's scheduled date for
release from prison if the director determines that the person may
be a sexually violent predator.  Existing law provides, under certain
circumstances, that this person may be required to stand trial, be
found beyond a reasonable doubt to be a sexually violent predator,
and be committed for 2 years to the custody of the State Department
of Mental Health for treatment and confinement in a secure facility
until his or her diagnosed mental disorder has so changed that he or
she is not likely to commit an act of sexual violence.
   Existing law defines sexually violent predator, for purposes of
these provisions, to mean a person who has been convicted of a
sexually violent offense against 2 or more victims for which he or
she received a determinate sentence and who has a diagnosed mental
disorder that makes the person a danger to the health and safety of
others in that it is likely that he or she will engage in sexually
violent criminal behavior.
   This bill would provide that a prior conviction for which a person
received a determinate sentence shall include a prior juvenile
adjudication of a sexually violent offense if certain conditions
exist.
   Existing law authorizes the juvenile court to make any and all
reasonable orders for the care, supervision, custody, conduct,
maintenance, and support of a minor who has been adjudged a ward of
the juvenile court for the violation of any law or ordinance or
because the minor is beyond control, violates curfew, or persistently
and habitually refuses to obey the reasonable and proper directives
of his or her parents, guardian, or custodian.
   This bill would entitle a minor adjudged a ward of the court for
commission of an offense that is defined as a sexually violent
offense to specific treatment as a sexual offender.  The bill would
provide that the failure of a minor to receive that treatment shall
not constitute a defense or bar to a determination that any person is
a sexually violent predator, as defined.
   This bill would incorporate additional changes to Sections 6600 of
the Welfare and Institutions Code proposed by AB 1458 and SB 786, to
be operative if this bill, AB 1458 and SB 786 are enacted and become
effective on or before January 1, 2000, and this bill is enacted
last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 727.2 is added to the Welfare and Institutions
Code, to read:
   727.2.  Where any minor has been adjudged a ward of the court for
the commission of a "sexually violent offense," as defined in Section
6600, and committed to the Department of the Youth Authority, the
ward shall be given sexual offender treatment consistent with
protocols for that treatment developed or implemented by the
Department of the Youth Authority.
  SEC. 2.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against two or more victims
for which he or she received a determinate sentence and who has a
diagnosed mental disorder that makes the person a danger to the
health and safety of others in that it is likely that he or she will
engage in sexually violent criminal behavior.
   For purposes of this subdivision, a prior finding of not guilty by
reason of insanity for an offense described in subdivision (b), a
conviction prior to July 1, 1977, for an offense described in
subdivision (b), a conviction resulting in a finding that the person
was a mentally disordered sex offender, or a conviction in another
state for an offense that includes all the elements of an offense
described in subdivision (b), shall also be deemed to be a sexually
violent offense even if the offender did not receive a determinate
sentence for that prior offense.
   Conviction of one or more of the crimes enumerated in this section
shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination.  The existence of any
prior convictions may be shown with documentary evidence.  The
details underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of Mental
Health.  Jurors shall be admonished that they may not find a person
a sexually violent predator based on prior offenses absent relevant
evidence of a currently diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent criminal
behavior.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, or fear of immediate
and unlawful bodily injury on the victim or another person, and that
are committed on, before, or after the effective date of this article
and result in a conviction or a finding of not guilty by reason of
insanity, as provided in subdivision (a):  a felony violation of
paragraph (2) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262, Section 264.1, subdivision (a) or (b)
of Section 288, or subdivision (a) of Section 289 of the Penal Code,
or sodomy or oral copulation in violation of Section 286 or 288a of
the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial relationship
exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
   (g) Notwithstanding any other provision of law and for purposes of
this section, no more than one prior juvenile adjudication of a
sexually violent offense may constitute a prior conviction for which
the person received a determinate term if all of the following
applies:
   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).  Notwithstanding Section 6600.1, only an offense
described in subdivision (b) shall constitute a sexually violent
offense for purposes of this subdivision.
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Department of the Youth
Authority for the sexually violent offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender.  The failure of
a minor to receive that treatment shall not constitute a defense or
bar to a determination that any person is a sexually violent predator
within the meaning of this article.
  SEC. 2.1.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against two or more victims
who is currently in custody under the jurisdiction of the Department
of Corrections, and who is serving any determinate or indeterminate
sentence or whose parole has been revoked, and who has a diagnosed
mental disorder that makes the person a danger to the health and
safety of others in that it is likely that he or she will engage in
sexually violent criminal behavior.
   For purposes of this subdivision, a prior finding of not guilty by
reason of insanity for an offense described in subdivision (b), a
conviction prior to July 1, 1977, for an offense described in
subdivision (b), a conviction resulting in a finding that the person
was a mentally disordered sex offender, or a conviction in another
state for an offense that includes all the elements of an offense
described in subdivision (b), shall also be deemed to be a sexually
violent offense even if the offender did not receive a determinate
sentence for that prior offense.
   Conviction of one or more of the crimes enumerated in this section
shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination.  The existence of any
prior convictions may be shown with documentary evidence.  The
details underlying the commission of an offense that led to a prior
conviction may be shown by documentary evidence, including, but not
limited to, preliminary hearing transcripts, trial transcripts,
probation and sentencing reports, and evaluations by the State
Department of Mental Health.  Jurors shall be admonished that they
may not find a person a sexually violent predator based on prior
offenses absent relevant evidence of a currently diagnosed mental
disorder that makes the person a danger to the health and safety of
others in that it is likely that he or she will engage in sexually
violent criminal behavior.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, or fear of immediate
and unlawful bodily injury on the victim or another person, and that
are committed on, before, or after the effective date of this article
and result in a conviction or a finding of not guilty by reason of
insanity, as provided in subdivision (a):  a felony violation of
paragraph (2) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262, Section 264.1, subdivision (a) or (b)
of Section 288, Section 288.5, or subdivision (a) of Section 289 of
the Penal Code, or sodomy or oral copulation in violation of Section
286 or 288a of the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
child under the age of 14 years, a person of casual acquaintance with
whom no substantial relationship exists, or an individual with whom
a relationship has been established or promoted for the primary
purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
   (g) Notwithstanding any other provision of law and for purposes of
this section, no more than one prior juvenile adjudication of a
sexually violent offense may constitute a prior conviction for which
the person received a determinate term if all of the following apply:

   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).  Notwithstanding Section 6600.1, only an offense
described in subdivision (b) shall constitute a sexually violent
offense for purposes of this subdivision.
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Department of the Youth
Authority for the sexually violent offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender.  The failure of
a minor to receive that treatment shall not constitute a defense or
bar to a determination that any person is a sexually violent predator
within the meaning of this article.
  SEC. 2.2.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against two or more victims
for which he or she received a determinate sentence and who has a
diagnosed mental disorder that makes the person a danger to the
health and safety of others in that it is likely that he or she will
engage in sexually violent criminal behavior.
   For purposes of this subdivision, a prior finding of not guilty by
reason of insanity for an offense described in subdivision (b), a
conviction for an offense under a predecessor statute that includes
all of the elements of an offense described in subdivision (b), a
conviction prior to July 1, 1977, for an offense described in
subdivision (b), a conviction resulting in a finding that the person
was a mentally disordered sex offender, or a conviction in another
jurisdiction for an offense that includes all the elements of an
offense described in subdivision (b), shall also be deemed to be a
sexually violent offense even if the offender did not receive a
determinate sentence for that prior offense.
   Conviction of one or more of the crimes enumerated in this section
shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination.  The existence of any
prior convictions may be shown with documentary evidence.  The
details underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of Mental
Health.  Jurors shall be admonished that they may not find a person
a sexually violent predator based on prior offenses absent relevant
evidence of a currently diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent criminal
behavior.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, or fear of immediate
and unlawful bodily injury on the victim or another person, and that
are committed on, before, or after the effective date of this article
and result in a conviction or a finding of not guilty by reason of
insanity, as provided in subdivision (a):  a felony violation of
paragraph (2) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262, Section 264.1, subdivision (a) or (b)
of Section 288, or subdivision (a) of Section 289 of the Penal Code,
or sodomy or oral copulation in violation of Section 286 or 288a of
the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial relationship
exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
   (g) Notwithstanding any other provision of law and for purposes of
this section, no more than one prior juvenile adjudication of a
sexually violent offense may constitute a prior conviction for which
the person received a determinate term if all of the following
applies:
   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).  Notwithstanding Section 6600.1, only an offense
described in subdivision (b) shall constitute a sexually violent
offense for purposes of this subdivision.
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Department of the Youth
Authority for the sexually violent offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender.  The failure of
a minor to receive that treatment shall not constitute a defense or
bar to a determination that any person is a sexually violent predator
within the meaning of this article.
  SEC. 2.3.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against two or more victims
who is currently in custody under the jurisdiction of the Department
of Corrections, and who is serving any determinate or indeterminate
sentence or whose parole has been revoked, and who has a diagnosed
mental disorder that makes the person a danger to the health and
safety of others in that it is likely that he or she will engage in
sexually violent criminal behavior.
   For purposes of this subdivision, a prior finding of not guilty by
reason of insanity for an offense described in subdivision (b), a
conviction for an offense under a predecessor statute that includes
all of the elements of an offense described in subdivision (b) a
conviction prior to July 1, 1977, for an offense described in
subdivision (b), a conviction resulting in a finding that the person
was a mentally disordered sex offender, or a conviction in another
jurisdiction for an offense that includes all the elements of an
offense described in subdivision (b), shall also be deemed to be a
sexually violent offense even if the offender did not receive a
determinate sentence for that prior offense.
   Conviction of one or more of the crimes enumerated in this section
shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination.  The existence of any
prior convictions may be shown with documentary evidence.  The
details underlying the commission of an offense that led to a prior
conviction may be shown by documentary evidence, including, but not
limited to, preliminary hearing transcripts, trial transcripts,
probation and sentencing reports, and evaluations by the State
Department of Mental Health.  Jurors shall be admonished that they
may not find a person a sexually violent predator based on prior
offenses absent relevant evidence of a currently diagnosed mental
disorder that makes the person a danger to the health and safety of
others in that it is likely that he or she will engage in sexually
violent criminal behavior.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, or fear of immediate
and unlawful bodily injury on the victim or another person, and that
are committed on, before, or after the effective date of this article
and result in a conviction or a finding of not guilty by reason of
insanity, as provided in subdivision (a):  a felony violation of
paragraph (2) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262, Section 264.1, subdivision (a) or (b)
of Section 288, Section 288.5, or subdivision (a) of Section 289 of
the Penal Code, or sodomy or oral copulation in violation of Section
286 or 288a of the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
child under the age of 14 years, a person of casual acquaintance with
whom no substantial relationship exists, or an individual with whom
a relationship has been established or promoted for the primary
purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
   (g) Notwithstanding any other provision of law and for purposes of
this section, no more than one prior juvenile adjudication of a
sexually violent offense may constitute a prior conviction for which
the person received a determinate term if all of the following apply:

   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).  Notwithstanding Section 6600.1, only an offense
described in subdivision (b) shall constitute a sexually violent
offense for purposes of this subdivision.
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Department of the Youth
Authority for the sexually violent offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender.  The failure of
a minor to receive that treatment shall not constitute a defense or
bar to a determination that any person is a sexually violent predator
within the meaning of this article.
  SEC. 3.  (a) Section 2.1 of this bill incorporates amendments to
Section 6600 of the Welfare and Institutions Code proposed by both
this bill and AB 1458.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 6600 of the Welfare and Institutions
Code, (3) SB 786 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 1458, in which case
Sections 2, 2.2, and 2.3 of this bill shall not become operative.
   (b) Section 2.2 of this bill incorporates amendments to Section
6600 of the Welfare and Institutions Code proposed by both this bill
and SB 786.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 6600 of the Welfare and Institutions Code, (3) AB
1458 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after SB 786, in which case Sections 2, 2.1,
and 2.3 of this bill shall not become operative.
   (c) Section 2.3 of this bill incorporates amendments to Section
6600 of the Welfare and Institutions Code proposed by this bill, AB
1458, and SB 786.  It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2000,
(2) all three bills amend Section 6600 of the Welfare and
Institutions Code, and (3) this bill is enacted after AB 1458, and SB
786, in which case Sections 2, 2.1, and 2.2 of this bill shall not
become operative.
